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Class B Misdemeanor Charge for Shoplifting

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  • 04-26-2015, 11:09 AM
    lauren.coker
    Class B Misdemeanor Charge for Shoplifting
    My friend and I went to a JCPenney in texas. She had convinced me to take two shirts, and came up to $30
    She had taken two shirts, and two pieces of jewelry, and it came up to over $80. And because we were in the same dressing room, they put the items together.
    We went to jail for it, and it was my first time shoplifting. I have to go to court, and I don't want to have this on my record, I have always been a good citizen. I am only 18 years old.


    Do I have a chance of this getting expunged or sealed since it was my first offense, and mine was technically under $50? Or will I still be charged with Class B because my friend?
  • 04-26-2015, 11:40 AM
    flyingron
    Re: Class B Misdemeanor
    You need an attorney.

    Technically you were involved in a left of more than $50, they don't apportion criminal activity across the criminals.
    Your best bet would get it reduced to the class C charge and deferred. Eventually that will go away. Your chances of arguing "technicalities" by yourself are slim.
  • 04-26-2015, 03:34 PM
    lauren.coker
    Re: Class B Misdemeanor
    I actually just found out I may not be required to go to court.
    What are they going to do if they don't have me go to court?
  • 04-26-2015, 03:45 PM
    flyingron
    Re: Class B Misdemeanor
    EVen if you're charged with a class C, you want to go to court.
    Take whatever paperwork you get to an attorney.
  • 04-26-2015, 04:31 PM
    lauren.coker
    Re: Class B Misdemeanor
    I can't afford an attorney. I can't even tell my family about this.

    This was not my idea, I was forced to shoplift. She had shoved the items in my bag.
  • 04-27-2015, 02:22 AM
    PTPD22
    Re: Class B Misdemeanor
    My dear, you were not "forced" to commit a crime. You did not have a gun to your head - you simply gave in to peer-pressure. You are now 18 and legally an adult. Legally, you are now responsible for your own decisions and actions - you can no longer lean on mommy and daddy. So, there is no reason for you to be concerned with telling your family. Now, whether you are mentally and emotionally ready to be an adult is totally up to you.

    As you have been told, you really need the assistance of an attorney to minimize the impact your criminal actions will have on your life. If you truly cannot afford an attorney, then schedule a court date, plead not guilty, and request a public defender. If you qualify, an attorney will be appointed by the court to represent you. You will have to do all of this on your own - mommy and daddy have nothing to do with it anymore and the court will likely not even allow them to speak.
  • 04-27-2015, 10:18 AM
    lauren.coker
    Re: Class B Misdemeanor
    I am not seeking your smart-ass remarks, I am seeking help to find out a way for this to not go on my record.

    I know I was not actually "forced", but I feel like I was, like I had said, she put the items in my bag. I feel disgusted with myself.

    I know all people make some mistakes in their lives, and pay for it. Yes they should be punished for their actions, I do believe that, but I don't believe it should go on their records if it is a first offense for something that is not a felony, because most of those people, are genuinely good people, and deserve good jobs.

    And I am not just saying that because of myself - I knew a person who had done something similar, they had to sit in jail for a week. And they couldn't find an employer who wanted someone with a misdemeanor on their record for almost a year. I don't believe that is the right punishment. Maybe a couple of hours in jail, and pay a fine. And then after they pay the fine, have it expunged. Showing that they are willing to make up for their mistakes and hopefully never do it again. People deserve second chances. And if there is a way I can do that, then I would like to know what I need to do, to do so.
  • 04-28-2015, 07:16 AM
    DeputyDog
    Re: Class B Misdemeanor
    Quote:

    Quoting lauren.coker
    View Post
    I am not seeking your smart-ass remarks, I am seeking help to find out a way for this to not go on my record.

    I know I was not actually "forced", but I feel like I was, like I had said, she put the items in my bag. I feel disgusted with myself.

    I know all people make some mistakes in their lives, and pay for it. Yes they should be punished for their actions, I do believe that, but I don't believe it should go on their records if it is a first offense for something that is not a felony, because most of those people, are genuinely good people, and deserve good jobs.

    And I am not just saying that because of myself - I knew a person who had done something similar, they had to sit in jail for a week. And they couldn't find an employer who wanted someone with a misdemeanor on their record for almost a year. I don't believe that is the right punishment. Maybe a couple of hours in jail, and pay a fine. And then after they pay the fine, have it expunged. Showing that they are willing to make up for their mistakes and hopefully never do it again. People deserve second chances. And if there is a way I can do that, then I would like to know what I need to do, to do so.

    LET ME GET THIS STRAIGHT.

    You commit a crime, come here asking for help and advice, and people who work in and around the criminal justice and law fields give you advice and you insult them?

    YOU DON'T GET TO CHOOSE HOW WE RESPOND.

    I've worked retail LP for 15 years. Cut the crap about how your friend was really the one in the wrong and you were just dragged along. You shoplifted. You are equally responsible. If I'm in a fitting room with someone and they start putting things in my bag, I'm ripping the stuff out of my bag, walking out, and finding a store employee to immediately report the theft occurring in the fitting room. Did you do that? No. I wouldn't even DREAM of going to court and telling a judge what you've told us. Around here, telling a judge something so dumb would get you a short jail stay instead of a fine and probation. So if you want 10 days in jail, give or take, go use the line about being "forced into it."

    You did not make a mistake. A mistake is ordering a quarter pounder when you really meant to order a cheeseburger. This was no mistake. You intended to steal and that is exactly what you did. Sure, you screwed up royally, but it was no mistake.

    It doesn't matter what YOU believe about whether things should go on your record or not. You are not the queen of the United States, therefore you don't unilaterally make our laws and policy. This WILL go on your record, regardless of how "genuinely good" you are or whether or not you have a "good job."

    At the end of your last post, after you spent 3 paragraphs pontificating about how things "should be" and how "unfaaaaair" life is for you, you asked a question that has already been answered and which I will answer again: How can you get a second chance? GET A LAWYER. That is the only way that you will be able to negotiate a plea bargain that might keep you from getting a record and/or keep you out of jail.

    If you can't afford an attorney, tell the court. If the court doesn't appoint you one because they don't find you to be indigent, then you are SOL and will have to deal with the consequences of the situation that YOU created and chose to put yourself in. You are no victim here.
  • 04-28-2015, 08:07 AM
    darwinrules
    Re: Class B Misdemeanor
    One would think that having had a friend who was in the same situation would have taught you the consequences of breaking the law...
  • 04-28-2015, 08:19 AM
    cbg
    Re: Class B Misdemeanor
    I am seeking help to find out a way for this to not go on my record.

    The best way to avoid having a crime on your record is not to commit one.
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